Common use of Right to Appoint a Receiver Clause in Contracts

Right to Appoint a Receiver. If an Event of Default has occurred and is continuing, upon the filing of a xxxx in equity or other commencement of judicial proceedings to enforce the rights of the Collateral Agent under this Agreement, the Collateral Agent shall, to the extent permitted by law, with notice to the Company but without notice to any party claiming through the Grantors, without regard to the solvency or insolvency at the time of any Person then liable for the payment of any of the Obligations, without regard to the then value of the Collateral, and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers of the Collateral, or any part thereof, and of the rents, issues, tolls, profits, royalties, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the rents, issues, tolls, profits, royalties, revenues and other income of the property constituting the whole or any part of the Collateral be segregated, sequestered and impounded for the benefit of the Collateral Agent and the Secured Parties, and each Grantor irrevocably consents to the appointments of such receiver or receivers and to the entry of such order; provided that, notwithstanding the appointment of any receiver, the Collateral Agent shall be entitled to retain possession and control of all cash and Cash Equivalents held by or deposited with it pursuant to this Agreement.

Appears in 2 contracts

Samples: Note Security Agreement (Cellu Tissue Holdings, Inc.), Security Agreement (Cellu Tissue Holdings, Inc.)

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Right to Appoint a Receiver. If an Event of Default has occurred and is continuing, upon Upon the filing of a xxxx bxxx in equity or other commencement of judicial proceedings to enforce the rights of the Collateral Agent under this AgreementAgreement or any Security Document, the Collateral Agent shall, to the extent permitted by law, with notice to the Company Borrower but without notice to any other Grantor or any party claiming through the Grantors, without regard to the solvency or insolvency at the time of any Person then liable for the payment of any of the Obligations, without regard to the then value of the CollateralCollateral Estate, and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers of the CollateralCollateral Estate, or any part thereof, and of the rents, issues, tolls, profits, royalties, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the rents, issues, tolls, profits, royalties, revenues and other income of the property constituting the whole or any part of the Collateral Estate be segregated, sequestered and impounded for the benefit of the Collateral Agent and the Secured Parties, and each Grantor irrevocably consents to the appointments of such receiver or receivers and to the entry of such order; provided that, notwithstanding the appointment of any receiver, the Collateral Agent shall be entitled to retain possession and control of all cash and Cash Equivalents Permitted Investments held by or deposited with it pursuant to this AgreementAgreement or any Security Document.

Appears in 2 contracts

Samples: Collateral Sharing Agreement (Constar Inc), Collateral Sharing Agreement (Constar International Inc)

Right to Appoint a Receiver. If an Event of Default has occurred and is continuing, upon Upon the filing of a xxxx in equity or other commencement of judicial proceedings to enforce the rights of the Collateral Agent Trustee under this AgreementAgreement or any Financing Document, the Collateral Agent Trustee shall, to the extent permitted by law, with notice to the Company Issuer but without notice to any other Grantor or any party claiming through the Grantors, without regard to the solvency or insolvency at the time of any Person then liable for the payment of any of the Obligations, without regard to the then value of the CollateralCollateral Estate, and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers of the CollateralCollateral Estate, or any part thereof, and of the rents, issues, tolls, profits, royalties, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the rents, issues, tolls, profits, royalties, revenues and other income of the property constituting the whole or any part of the Collateral Estate be segregated, sequestered and impounded for the benefit of the Collateral Agent Trustee and the Secured Parties, and each Grantor irrevocably consents to the appointments of such receiver or receivers and to the entry of such order; provided that, notwithstanding the appointment of any receiver, the Collateral Agent Trustee shall be entitled to retain possession and control of all cash funds and Cash Equivalents other property or assets held by or deposited with it pursuant to this AgreementAgreement or any Financing Document.

Appears in 1 contract

Samples: Security Agreement (Constar International Inc)

Right to Appoint a Receiver. If an Event As long as a Notice of Default has occurred and Acceleration is continuingin effect, upon the filing of a xxxx in bill xx equity or other commencement of judicial proceedings to enforce the rights of the Collateral Administrative Agent under this AgreementAgreement or any Security Document, the Collateral Administrative Agent shall, to the extent permitted by law, with notice to the Company Borrower but without notice to any party claiming through the GrantorsObligors, without regard to the solvency or insolvency at the time of any Person then liable for the payment of any of the Secured Obligations, without regard to the then value of the Collateral, and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers (who may be the Administrative Agent) of the Collateral, or any part thereof, and of the rents, issues, tolls, profits, royalties, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the rents, issues, tolls, profits, royalties, revenues and other income of the property constituting the whole or any part of the Collateral be segregated, sequestered and impounded for the benefit of the Collateral Administrative Agent and the Secured Parties, and each Grantor Obligor irrevocably consents to the appointments of such receiver or receivers and to the entry of such order; , provided that, notwithstanding the appointment of any receiver, the Collateral Administrative Agent shall be entitled to retain possession and control of all cash and Cash Equivalents held by or deposited with it pursuant to this AgreementAgreement or any Security Document.

Appears in 1 contract

Samples: Master Collateral Agreement (Service Merchandise Co Inc)

Right to Appoint a Receiver. If an Event of Default has occurred and is continuing, upon Upon the filing of a xxxx bill in equity or other commencement of judicial proceedings to enforce enfoxxx the rights of the Collateral Agent under this AgreementAgreement or any other Security Document, the Collateral Agent shall, to the extent permitted by law, with notice to the Company but without notice to any other Grantor or any party claiming through the Grantors, without regard to the solvency or insolvency at the time of any Person then liable for the payment of any of the Obligations or any of the Senior Note Obligations, without regard to the then value of the CollateralCollateral Estate, and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers of the CollateralCollateral Estate, or any part thereof, and of the rents, issues, tolls, profits, royalties, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the rents, issues, tolls, profits, royalties, revenues and other income of the property constituting the whole or any part of the Collateral Estate be segregated, sequestered and impounded for the benefit of the Collateral Agent and the Secured Parties, and each Grantor irrevocably consents to the appointments of such receiver or receivers and to the entry of such order; provided that, notwithstanding the appointment of any receiver, the Collateral Agent shall be entitled to retain possession and control of all cash and Cash Equivalents Permitted Investments held by or deposited with it pursuant to this AgreementAgreement or any other Security Document.

Appears in 1 contract

Samples: Collateral Sharing Agreement (Fisher Scientific International Inc)

Right to Appoint a Receiver. If an Event a Notice of Default has occurred and is continuingin effect, then, subject to the provisions of Article 6 hereof, upon the filing of a xxxx in bill xx equity or other commencement of judicial proceedings to enforce the rights of the Collateral Agent Trustee under this Agreement, the Collateral Agent Trustee shall, to the extent permitted by law, with notice to the Company Issuer but without notice to any party claiming through the GrantorsIssuer, without regard to the solvency or insolvency at the time of any Person then liable for the payment of any of the Secured Obligations, without regard to the then value of the Collateral, and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers of the Collateral, or any part thereof, and of the rents, issues, tolls, profits, royalties, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the rents, issues, tolls, profits, royalties, revenues and other income of the property constituting the whole or any part of the Collateral be segregated, sequestered and impounded for the benefit of the Collateral Agent Trustee and the Secured Parties, and each Grantor the Issuer irrevocably consents to the appointments of such receiver or receivers and to the entry of such order; provided that, notwithstanding the appointment of any receiver, the Collateral Agent shall be entitled to retain possession and control of all cash and Cash Equivalents held by or deposited with it pursuant to this Agreement.

Appears in 1 contract

Samples: Collateral Trust and Security Agreement (Southern Peru LTD)

Right to Appoint a Receiver. If an Event of Default has occurred and is continuing, upon Upon the filing of a xxxx bill in equity or other commencement of judicial proceedings proceedixxx to enforce the rights of the Collateral Agent under this AgreementAgreement or any Shared Collateral Security Document, the Collateral Agent shall, to the extent permitted by law, with notice to the Company Borrower and GSX but without notice to any party claiming through the Grantors, without regard to the solvency or insolvency at the time of any Person then liable for the payment of any of the Secured Obligations, without regard to the then value of the CollateralCollateral Estate, and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers of the CollateralCollateral Estate, or any part thereof, and of the rents, issues, tolls, profits, royalties, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the rents, issues, tolls, profits, royalties, revenues and other income of the property constituting the whole or any part of the Collateral Estate be segregated, sequestered and impounded for the benefit of the Collateral Agent and the Secured Parties, and each Grantor irrevocably consents to the appointments of such receiver or receivers and to the entry of such order; provided that, notwithstanding the appointment of any receiver, the Collateral Agent shall be entitled to retain possession and control of all cash and Cash Equivalents held by or deposited with it pursuant to this AgreementAgreement or any Shared Collateral Security Document.

Appears in 1 contract

Samples: Reimbursement Agreement (SPX Corp)

Right to Appoint a Receiver. If an Event of Default has occurred and is continuing, upon Upon the filing of a xxxx in equity or other commencement of judicial proceedings to enforce the rights of the Collateral Agent under this AgreementAgreement or any Security Document, the Collateral Agent shall, to the extent permitted by law, with notice to the Company CCSC but without notice to any other Grantor or any party claiming through the Grantors, without regard to the solvency or insolvency at the time of any Person then liable for the payment of any of the Obligations, without regard to the then value of the CollateralCollateral Estate, and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers of the CollateralCollateral Estate, or any part thereof, and of the rents, issues, tolls, profits, royalties, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the rents, issues, tolls, profits, royalties, revenues and other income of the property constituting the whole or any part of the Collateral Estate be segregated, sequestered and impounded for the benefit of the Collateral Agent and the Secured Parties, and each Grantor irrevocably consents to the appointments of such receiver or receivers and to the entry of such order; provided that, notwithstanding the appointment of any receiver, the Collateral Agent shall be entitled to retain possession and control of all cash and Cash Equivalents Permitted Investments held by or deposited with it pursuant to this AgreementAgreement or any Security Document.

Appears in 1 contract

Samples: Collateral Sharing Agreement (Crown Cork & Seal Co Inc)

Right to Appoint a Receiver. If an Event a Notice of Default has occurred and Acceleration is continuingin effect, upon the filing of a xxxx bill in equity or other commencement of judicial proceedings to enforce the enforxx xhe rights of the Collateral Agent Trustee under this AgreementTrust Agreement or any Trust Security Document, the Collateral Agent Trustee shall, to the extent permitted by law, with notice to the Company but without notice to any party claiming through the GrantorsObligors, without regard to the solvency or insolvency at the time of any Person then liable for the payment of any of the Secured Obligations, without regard to the then value of the CollateralTrust Estate, and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers of the CollateralTrust Estate, or any part thereof, and of the rents, issues, tolls, profits, royalties, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the rents, issues, tolls, profits, royalties, revenues and other income of the property constituting the whole or any part of the Collateral Trust Estate be segregated, sequestered and impounded for the benefit of the Collateral Agent Trustee and the Secured Parties, and each Grantor Obligor irrevocably consents to the appointments of such receiver or receivers and to the entry of such order; provided that, notwithstanding the appointment of any receiver, the Collateral Agent Trustee shall be entitled to retain possession and control of all cash and Cash Equivalents held by or deposited with it pursuant to this AgreementTrust Agreement or any Trust Security Document.

Appears in 1 contract

Samples: Trust Agreement (Anc Rental Corp)

Right to Appoint a Receiver. If an Event of Default has occurred and is continuing, subject to the Intercreditor Agreement, upon the filing of a xxxx in equity or other commencement of judicial proceedings to enforce the rights of the Collateral US Administrative Agent under this Agreement, the Collateral US Administrative Agent shall, to the extent permitted by law, with notice to the Company Grantor but without notice to any party claiming through the Grantors, without regard to the solvency or insolvency at the time of any Person then liable for the payment of any of the Secured Obligations, without regard to the then value of the Collateral, and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers of the Collateral, or any part thereof, and of the rents, issues, tolls, profits, royalties, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the rents, issues, tolls, profits, royalties, revenues and other income of the property constituting the whole or any part of the Collateral be segregated, sequestered and impounded for the benefit of the Collateral US Administrative Agent and the Secured Parties, and each Grantor irrevocably consents to the appointments of such receiver or receivers and to the entry of such order; provided that, notwithstanding the appointment of any receiver, the Collateral US Administrative Agent shall be entitled to retain possession and control of all cash and Cash Equivalents held by or deposited with it pursuant to this Agreement.

Appears in 1 contract

Samples: Pledge and Security Agreement (Cellu Tissue Holdings, Inc.)

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Right to Appoint a Receiver. If an Event of Default has occurred and is continuing, upon the filing of a xxxx in equity or other commencement of judicial proceedings to enforce the rights of the Collateral Administrative Agent under this Agreement, the Collateral Administrative Agent shall, to the extent permitted by law, with notice to the Company Borrower but without notice to any party claiming through the Grantors, without regard to the solvency or insolvency at the time of any Person then liable for the payment of any of the Obligations, without regard to the then value of the Collateral, and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers of the Collateral, or any part thereof, and of the rents, issues, tolls, profits, royalties, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the rents, issues, tolls, profits, royalties, revenues and other income of the property constituting the whole or any part of the Collateral be segregated, sequestered and impounded for the benefit of the Collateral Administrative Agent and the Secured PartiesIssuers and the Lenders, and each Grantor irrevocably consents to the appointments of such receiver or receivers and to the entry of such order; provided that, notwithstanding the appointment of any receiver, the Collateral Administrative Agent shall be entitled to retain possession and control of all cash and Cash Equivalents held by or deposited with it pursuant to this Agreementany Loan Document.

Appears in 1 contract

Samples: Security Agreement (Technical Olympic Usa Inc)

Right to Appoint a Receiver. If an Event of Default has occurred and is continuing, upon Upon the filing of a xxxx bill in equity or other commencement of judicial proceedings to enforce tx xxforce the rights of the Collateral Agent under this AgreementAgreement or any Shared Collateral Security Document, the Collateral Agent shall, to the extent permitted by law, with notice to the Company Borrower and GSX but without notice to any party claiming through the Grantors, without regard to the solvency or insolvency at the time of any Person then liable for the payment of any of the Secured Obligations, without regard to the then value of the CollateralCollateral Estate, and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers of the CollateralCollateral Estate, or any part thereof, and of the rents, issues, tolls, profits, royalties, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the rents, issues, tolls, profits, royalties, revenues and other income of the property constituting the whole or any part of the Collateral Estate be segregated, sequestered and impounded for the benefit of the Collateral Agent and the Secured Parties, and each Grantor irrevocably consents to the appointments of such receiver or receivers and to the entry of such order; provided that, notwithstanding the appointment of any receiver, the Collateral Agent shall be entitled to retain possession and control of all cash and Cash Equivalents held by or deposited with it pursuant to this AgreementAgreement or any Shared Collateral Security Document.

Appears in 1 contract

Samples: Collateral Agreement (SPX Corp)

Right to Appoint a Receiver. If an Event of Default has occurred and is continuingSubject to Section 3.7, upon the filing of a xxxx in equity or other commencement of judicial proceedings to enforce the rights of the Note Collateral Agent under this AgreementAgreement or any Second Lien Document, the Note Collateral Agent shall, to the extent permitted by law, with notice to the Company but without notice to any party claiming through the Grantors, without regard to the solvency or insolvency at the time of any Person then liable for the payment of any of the Note Obligations, without regard to the then value of the CollateralSecond Collateral Estate, and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers of the CollateralSecond Collateral Estate, or any part thereof, and of the rents, issues, tolls, profits, royalties, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the rents, issues, tolls, profits, royalties, revenues and other income of the property constituting the whole or any part of the Second Collateral Estate be segregated, sequestered and impounded for the benefit of the Note Collateral Agent and the Secured Partiesholders of the Note Obligations, and each Grantor irrevocably consents to the appointments of such receiver or receivers and to the entry of such order; provided that, notwithstanding the appointment of any receiver, the Note Collateral Agent shall be entitled to retain possession and control of all cash and Cash Equivalents held by or deposited with it pursuant to this AgreementAgreement or any Second Lien Document (it being agreed, however, that all such cash and Cash Equivalents shall be delivered to the Administrative Agent pursuant to Section 4.6 and held by the Administrative Agent pursuant to Section 4.1 as part of the Collateral Estate).

Appears in 1 contract

Samples: Collateral Agency Agreement (Revlon Consumer Products Corp)

Right to Appoint a Receiver. If an Event a Notice of Default has occurred and is continuing--------------------------- in effect, upon the filing of a xxxx in equity or other commencement of judicial proceedings to enforce the rights of the Collateral Agent or of the Secured Parties under this Agreement, the Collateral Agent shall, to the extent permitted by law, with notice to the Company but without notice to any party claiming through the Grantors, without regard to the solvency or insolvency at the time of any Person then liable for the payment of any of the Obligations, without regard to the then value of the Collateral, and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers (who may be the Collateral Agent) of the Affected Collateral, or any part thereof, and of the rents, issues, tolls, profits, royalties, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the rents, issues, tolls, profits, royalties, revenues and other income of the property constituting the whole or any part of the Affected Collateral be segregated, sequestered and impounded for the benefit of the Collateral Agent and the Secured PartiesParty delivering the Notice of Default, and each Grantor Electing Holder irrevocably consents to the appointments appointment of such receiver or receivers and to the entry of such order; provided that, -------- notwithstanding the appointment of any receiver, the Collateral Agent shall be entitled to retain possession and control of all cash and Cash Equivalents held by or deposited with it pursuant to this AgreementAgreement which relates to the Affected Collateral.

Appears in 1 contract

Samples: Collateral Agency Agreement (Navistar Financial Retail Receivables Corporation)

Right to Appoint a Receiver. If an Event of Default has occurred and is continuingSubject to Section 2.7, upon the filing of a xxxx in equity or other commencement of judicial proceedings to enforce the rights of the Collateral Administrative Agent under this AgreementAgreement or any First Lien Document, the Collateral Administrative Agent shall, to the extent permitted by law, with notice to the Company but without notice to any party claiming through the Grantors, without regard to the solvency or insolvency at the time of any Person then liable for the payment of any of the Bank Obligations, without regard to the then value of the CollateralFirst Collateral Estate, and without requiring any bond from any complainant in such proceedings, be entitled as a matter of right to the appointment of a receiver or receivers of the CollateralFirst Collateral Estate, or any part thereof, and of the rents, issues, tolls, profits, royalties, revenues and other income thereof, pending such proceedings, with such powers as the court making such appointment shall confer, and to the entry of an order directing that the rents, issues, tolls, profits, royalties, revenues and other income of the property constituting the whole or any part of the First Collateral Estate be segregated, sequestered and impounded for the benefit of the Collateral Administrative Agent and the Secured Partiesholders of the Bank Obligations, and each Grantor irrevocably consents to the appointments of such receiver or receivers and to the entry of such order; provided that, notwithstanding the appointment of any receiver, the Collateral Administrative Agent shall be entitled to retain possession and control of all cash and Cash Equivalents held by or deposited with it pursuant to this AgreementAgreement or any First Lien Document (it being agreed, however, that all such cash and Cash Equivalents shall be deposited in to the Collateral Account and held by the Administrative Agent pursuant to Section 4.1 as part of the Collateral Estate).

Appears in 1 contract

Samples: Collateral Agency Agreement (Revlon Consumer Products Corp)

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